New Delhi: On Wednesday, January 22, 2020, the Supreme Court made it clear that the issue of Article 370 will not be sent to the seven-member constitutional bench. A 5-member constitutional bench said that unless there was no direct confrontation between the apex court verdict (Premnath Kaul vs Jammu and Kashmir of 1959 and Sampat Prakash vs Jammu and Kashmir of 1970) on behalf of the petitioners If done, she will not send the issue to the senior bench. Please tell that both the decisions were pronounced by the five-member constitutional bench. The bench ordered the petitioners' lawyers on Thursday to file facts related to the direct confrontation between the two previous verdicts of the apex court and adjourned the hearing. Now the next hearing will be held on Thursday. The Jammu and Kashmir Bar Association, from a bench headed by Justice NV Ramana, which was hearing the reference issue, said that the Central Government's decision to scrap the provisions of Article 370 on August 5 last year was invalid and reviewed it needed.
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At the same time, it is being said that along with Justice Ramna, Justice Sanjay Kishan Kaul, Justice R.K. A Bench comprising Subhash Reddy, Justice BR Gavai and Justice Suryakant told senior advocate Zafar Ahmed Shah, appearing for the Bar Association, that they should prove a direct confrontation in both the previous decisions. The senior advocate said, the constitution of India and Jammu and Kashmir are parallel to each other and Article-370 was running with them.
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He said that in the decision of the top court given in the Sampat Prakash case, it has been specifically said that Article-370 will have to be kept in view of the continuity of the circumstances. Zafar Ahmed said, the two constitutions were working together and sub-section (2) of Article-370 was in place to prevent conflict between the two.
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